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Master Partner Agreement
I need a Master Partner Agreement for my Swiss software company to establish a reseller partnership network across Europe, with specific focus on data protection compliance and revenue sharing models for cloud-based services starting January 2025.
1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and brief description of parties' businesses and intention to partner
3. Definitions: Defined terms used throughout the agreement
4. Appointment and Scope: Terms of partner appointment and scope of the partnership
5. Term and Termination: Duration of the agreement and termination provisions
6. Partner Obligations: Core responsibilities and commitments of the partner
7. Company Obligations: Core responsibilities and commitments of the company
8. Financial Terms: Compensation, fees, payment terms, and financial obligations
9. Intellectual Property Rights: IP ownership, licenses, and usage rights
10. Confidentiality: Protection and handling of confidential information
11. Data Protection: Compliance with Swiss data protection laws and data handling procedures
12. Representations and Warranties: Legal assurances and guarantees from both parties
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. Force Majeure: Provisions for unforeseen circumstances and their handling
15. General Provisions: Standard legal clauses including notices, amendments, and governing law
1. Marketing and Promotion: Guidelines for marketing activities and brand usage, included when partnership involves co-marketing
2. Service Levels: Performance metrics and service standards, included when specific performance levels need to be maintained
3. Training and Support: Details of training and support provisions, included when technical or operational support is part of the partnership
4. Insurance: Insurance requirements and coverage obligations, included for high-risk activities or regulatory requirements
5. Compliance with Laws: Specific regulatory compliance obligations, included for heavily regulated industries
6. Territory and Exclusivity: Geographic restrictions and exclusivity rights, included when territorial rights are granted
7. Non-Competition: Competitive restrictions and limitations, included when protecting market interests
8. Dispute Resolution: Specific dispute resolution procedures, included when standard court jurisdiction is not preferred
9. Source Code Escrow: Software source code protection provisions, included for technology partnerships
10. Change Control: Procedures for managing changes to services or deliverables, included for complex operational partnerships
1. Schedule 1 - Partner Services: Detailed description of services or products provided by the partner
2. Schedule 2 - Commercial Terms: Detailed pricing, commission structures, and payment terms
3. Schedule 3 - Service Levels and KPIs: Detailed performance metrics and measurement criteria
4. Schedule 4 - Technical Requirements: Technical specifications and requirements for service delivery
5. Schedule 5 - Support and Maintenance: Detailed support procedures and maintenance requirements
6. Schedule 6 - Compliance Requirements: Specific regulatory and compliance obligations
7. Appendix A - Authorized Personnel: List of key contacts and authorized representatives
8. Appendix B - Approved Subcontractors: List of approved subcontractors and their roles
9. Appendix C - Data Processing Agreement: Detailed data protection and processing requirements
10. Appendix D - Brand Guidelines: Guidelines for use of trademarks and marketing materials
Authors
Information Technology
Professional Services
Manufacturing
Financial Services
Healthcare
Telecommunications
Retail and Distribution
Software and SaaS
Consulting
Industrial Services
Education and Training
Research and Development
Legal
Business Development
Commercial
Sales
Operations
Finance
Compliance
Risk Management
Partner Relations
Contract Administration
Chief Executive Officer
Chief Legal Officer
Head of Partnerships
Business Development Director
Commercial Director
Legal Counsel
Partner Relations Manager
Alliance Manager
Contract Manager
Chief Operating Officer
Sales Director
Channel Manager
Chief Financial Officer
Risk Manager
Compliance Officer
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